New Insights Into Legal Challenges Under The Subsidy Control Act 2022

Introduction

In Weis v Greater Manchester Combined Authority [2025] CAT 41, the Competition Appeal Tribunal (CAT) dismissed an application for review brought under section 70 of the Subsidy Control Act 2022 (SCA). This is only the second subsidy control case brought to the CAT since the introduction of the SCA, and provides valuable guidance on how matters under the SCA will be dealt with by the CAT (see our previous blog post for further background).

In particular, the case provides guidance on the application of the so-called Commercial Market Operator (CMO) principle, which was considered by the CAT for the first time under the new regime, and clarifies timing issues for challenges going forward.